What Trademarks Scams are Trending?
Trademark Scams
Within the past year, we’ve seen an increase in both the number and sophistication of the trademark scams in circulation. Below is a summary of the more common types of trademark scams and tips to help you detect them.
Emails or letters warning of risk to your unregistered company name or brand – Typically unsolicited, these letters have predictable patterns that will alert you to the scam:
Sent by someone claiming to be an attorney or expert in the field of trademarks.
They claim to have received a third-party application to register your company name or brand.
The sender will inform you that if you do not contact them for assistance, you will be at risk of any number of unpleasant results.
They offer a very short time for responding – typically 48 to 72 hours
Offers to sell a domain name “out from under” a third party - The scammers will report that a third party has “applied” to file a top-level domain incorporating the trademark or business name of the subject of your recent application and will offer to intervene or otherwise obtain the domain name registration for you before the third-party application can be “approved.”
False invoices - scammers send false invoices claiming additional fees are owed to the USPTO in order to process a trademark application. These claims are false—the USPTO will never request payment over the phone or via text or email and all fees owed to the USPTO are paid at the time of filing.
Caller ID spoofing - scammers spoof well-known main phone numbers at the USPTO so that it appears the call is coming directly from the USPTO. The most spoofed numbers are 571-272-1000 or 800-786-9199, which will falsely appear as coming from Alexandria, VA, the location of the USPTO headquarters.
Should you believe you may be the subject of one of these scams, consult with trusted IP counsel who can help you determine whether the communication is, or is not, legitimate. The USPTO also provides helpful links on its website at www.uspto.gov/trademarks/protect.
For more information, see our blog post Trademark Scams Increase in Occurrence and Sophistication.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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